October 8, 2010
The Law360 article, "Plaintiffs Get Creative with Consumer Class Actions," discussed the decreasing trend of nationwide consumer class actions and the plaintiffs bar response of multiple single state class actions. The article quoted partner Michael C. Lynch on plaintiffs' filing in state court against local defendants with claims involving only the state's consumer protection laws.
"Those kinds of actions overcome some of the obstacles of certifying a nationwide class action, although they 'do require some creative pleading, and the plaintiff has to be very careful about whom they sue,' said Michael Lynch, a litigation partner at Kelley Drye & Warren LLP, citing diversity issues as one potential pitfall.
"The strategy also limits the plaintiffs damages or the settlement value of the case, not only because the class is much smaller, but also because plaintiffs have to limit the number of defendants--they're 'not going after as deep pockets,' Lynch said."